HomeMy WebLinkAbout2014-05-21; Planning Commission; Resolution 7050PLANNING COMMISSION RESOLUTION NO. 7050
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A MINOR SITE DEVELOPMENT
PLAN AMENDMENT AND SCENIC CORRIDOR SPECIAL USE PERMIT
4 AMENDMENT TO ALLOW FOR A MEDIAN BREAK IN THE PUBLIC RIGHT-
OF-WAY ALONG EL CAMINO REAL AT THE INTERSECTION OF GATEWAY
5 ROAD TO ACCOMMODATE A NORTHBOUND LEFT TURN/U-TURN LANE.
THIS ACCESS IMPROVEMENT WILL REQUIRE MINOR MODIFICATIONS TO
6 VIASATS EXISTING CAMPUS (PARCEL 1/HEADQUARTERS BUILDING 1)
ON PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF EL CAMINO
7 REAL, SOUTH OF PALOMAR AIRPORT ROAD IN LOCAL FACILITIES
MANAGEMENT ZONE 17.
8 CASE NAME: VIASAT HEADQUARTERS BUILDING ONE SITE ACCESS
IMPROVEMENTS
9 CASE NO: SDP 14-04(A)/SUP 98-03(D)
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WHEREAS, Smith Consulting Architects, "Applicant," has filed a verified application with
the City of Carlsbad regarding property owned by Pivotal 650 California Street, LLC, an Arizona limited
liability Co., "Owner," described as
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Lot 1 of Carlsbad Tract CT 98-07, Lincoln Northpointe, in the City of
14 Carlsbad, County of San Diego, State of California, according to Map
thereof No. 13716, filed in the Office of the County Recorder of San
15 Diego County, December 31,1998
16 ("the Property"); and
17 WHEREAS, said verified application constitutes a request for a Scenic Corridor Special
Use Permit Amendment and Minor Site Development Plan Amendment as shown on Exhibits "A" - "H"
dated May 21, 2014, on file in the Planning Division, VIASAT HEADQUARTERS BUILDING ONE SITE
ACCESS IMPROVEMENTS - SDP 14-04(A)/SUP 98-03(D), as provided by Chapters 21.06 and 21.40 of the
Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did on May 21, 2014 hold a duly noticed public
hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, said Commission considered all factors relating to
the Minor Site Development Plan Amendment and Scenic Corridor Special Use Permit Amendment; and
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WHEREAS, on August 19, 1998, the Planning Commission approved SUP 98-03 as
described and conditioned in Planning Commission Resolution No. 4359.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commission of the City of
Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
APPROVES VIASAT HEADQUARTERS BUILDING ONE SITE ACCESS IMPROVEMENTS -
g SDP 14-04(A)/SUP 98-03(D), based on the following findings and subject to the
following conditions:
Findings:
Minor Site Development Plan Amendment (SDP 14-04(A))
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1. That the proposed development or use is consistent with the general plan and any applicable
12 master plan or specific plan, complies with all applicable provisions of Chapter 21.06, and all
other applicable provisions of Title 21, in that the site modifications comply with the
13 requirements of Title 21. The proposed site modifications to the existing industrial/office
development use are consistent with the Planned Industrial General Plan Land Use
designation as discussed in Section A of the staff report.
2. That the requested development or use is properly related to the site, surroundings and
environmental settings; will not be detrimental to existing development or uses or to
development or uses specifically permitted in the area in which the proposed development or
27 use is to be located, and will not adversely impact the site, surroundings or traffic circulation, in
that the project consists of the installation of a new driveway entrance along El Camino Real
lg to accommodate a northbound left turn lane located near the intersection of El Camino Real
and Gateway Road. The proposed minor modifications to an existing industrial/office project
19 with a Planned Industrial General Plan Land Use designation is compatible with existing
industrial/office projects that are located throughout the area. The project is consistent with
20 the General Plan as discussed in Section "A" of the staff report. Furthermore, the proposed
site modifications will not be detrimental to existing uses or to uses specifically permitted in
21 the area in which the use is located in that, the site modifications to the existing
industrial/office development is a use permitted within the P-M zone and is compatible with
^2 the industrial/office projects to the north, south, east and west. The existing industrial/office
buildings are properly related to the site surroundings and environmental settings in that the
project complies with all development standards of the P-M zone and will result in no
environmental impacts. The project will not adversely impact the site, surroundings, or traffic
circulation in that the project complies with all applicable development standards and is
2^ adequately parked onsite. The existing street system can adequately accommodate a median
break along El Camino Real to accommodate a northbound left turn lane/U-turn lane and new
25 driveway entrance near the intersection of El Camino Real and Gateway Road.
PC RESO NO. 7050
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That the site for the intended use is adequate in size and shape to accommodate the use, in
2 that the project complies with all development standards of the Planned Industrial Zone (P-M)
as demonstrated in the staff report, including parking requirements.
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That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust the
4 requested development or use to existing or permitted future development or use in the
neighborhood will be provided and maintained, in that the proposed driveway, reconfigured
^ parking lot, hardscape, landscaping, and other necessary improvements can fit within the
developable area of the lot and all applicable development standards have been met.
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^ _. That the street system serving the proposed development or use is adequate to properly handle
all traffic generated by the proposed use, in that the street system adequately handles the
g existing office/industrial use and the proposed site modifications will not increase traffic
demand.
Scenic Corridor Special Use Permit Amendment (SUP 98-03(D))
7. The proposed project is consistent with the General Plan, Local Coastal Program, and applicable
Master or Specific Plans in that the proposed modifications for Parcel 1/Headquarters Building
1 are located within an existing developed industrial/office project with an industrial/office
use consistent with the Planned Industrial (PI) General Plan Land Use designation.
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The proposed project conforms to the intent ofthe Scenic Preservation Overlay Zone in that the
11 median break in the public right-of-way and new driveway entrance along El Camino Real for
Parcel 1/Headquarters Building 1 to accommodate a northbound left turn and U-turn
12 movements complies with all applicable provisions of the El Camino Real Corridor
Development Standards as discussed in Table B of the staff report by providing an additional
13 vehicle access point along El Camino Real to accommodate businesses in the Palomar Airport
Business Park.
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8. The proposed project will not adversely affect the scenic, historical, or cultural qualities of the
23 property in that the minor site modifications (new driveway entrance, parking and landscape
improvements) to accommodate a left turn lane into Parcel 1/Headquarters Building 1 will
19 have no effect on this previously developed industrial/office property.
20 General
21 9. That the Planning Commission finds that the project, as conditioned herein, is in conformance
with the Elements of the City's General Plan, in that the proposed development consists of a
22 median break in the public right-of-way along El Camino Real at the intersection of Gateway
Road to accommodate a northbound left turn/U-turn lane and minor modifications to ViaSat's
^ existing campus (Parcel 1/Headquarters Building 1) which is consistent with the Planned
2^ Industrial (PI) General Plan Land Use Designation applied to the property.
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11. The City Planner has determined that the project belongs to a class of projects that the State
27 Secretary for Resources has found do not have a significant impact on the environment, and it is
therefore categorically exempt from the requirement for the preparation of environmental
10. That the project is consistent with the City's Landscape Manual and Water Efficient Landscape
Ordinance (Carlsbad Municipal Code Chapter 18.50).
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documents pursuant to Section 15301(c) "Existing Facilities" and 15332 "In-Fill Development
2 Projects" of the State CEQA Guidelines. In making this determination, the City Planner has
found that the exceptions listed in Section 15300.2 ofthe state CEQA Guidelines do not apply to
3 this project.
4 12. The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed to
5 mitigate impacts caused by or reasonably related to the project, and the extent and the degree
of the exaction is in rough proportionality to the impact caused by the project.
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Conditions:
Note: All conditions shall be satisfied prior to grading permit, building permit, or the issuance of the
right-of-way permit for construction of the improvement plans, whichever comes first, or as specified in
g the condition, unless an alternate construction schedule has been approved by the appropriate division
manager or official.
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If any of the following conditions fail to occur, or if they are, by their terms, to be implemented
11 and maintained over time, if any of such conditions fail to be so implemented and maintained
according to their terms, the City shall have the right to revoke or modify all approvals herein
12 granted; deny or further condition issuance of all future building permits; deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
13 granted; record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No vested
14 rights are gained by Developer or a successor in interest by the City's approval of this Minor Site
Development Plan Amendment and Scenic Corridor Special Use Permit Amendment.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections and
modifications to the Minor Site Development Plan Amendment and Scenic Corridor Special
Use Permit Amendment documents, as necessary to make them internally consistent and in
conformity with the final action on the project. Development shall occur substantially as shown
2g on the approved Exhibits. Any proposed development, different from this approval, shall
require an amendment to this approval.
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Developer shall comply with all applicable provisions of federal, state, and local laws and
20 regulations in effect at the time of building permit issuance.
21 4. If any condition for construction of any public improvements or facilities, or the payment of any
fees in-lieu thereof, imposed by this approval or imposed by law on this Project are challenged,
22 this approval shall be suspended as provided in Government Code Section 66020. If any such
condition is determined to be invalid, this approval shall be invalid unless the City Council
23 determines that the project without the condition complies with all requirements of law.
5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims and
costs, including court costs and attorney's fees incurred by the City arising, directly or indirectly,
from (a) City's approval and issuance of this Minor Site Development Plan Amendment and
27 Scenic Corridor Special Use Permit Amendment, (b) City's approval or issuance of any permit or
action, whether discretionary or nondiscretionary, in connection with the use contemplated
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Developer shall submit to the City Planner a reproducible 24" x 36" mylar copy ofthe Site Plan
reflecting the conditions approved by the final decision-making body.
Developer shall include, as part of the plans submitted for any permit plancheck, a reduced
legible version of all approving resolution(s) in a 24" x 36" blueline drawing format (including
any applicable Coastal Commission approvals).
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herein, and (c) Developer/Operator's installation and operation ofthe facility permitted hereby,
2 including without limitation, any and all liabilities arising from the emission by the facility of
electromagnetic fields or other energy waves or emissions. This obligation survives until all
3 legal proceedings have been concluded and continues even if the City's approval is not
validated.
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8. This project shall comply with all conditions and mitigation measures which are required as part
9 of the Zone 17 Local Facilities Management Plan and any amendments made to that Plan prior
to the issuance of building permits.
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This approval shall become null and void if a grading permit, building permit, or the issuance of
11 the right-of-way permit for construction of the improvement plans is not issued for this project
within 24 months from the date of project approval.
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10. Building permits will not be issued for this project unless the local agency providing water and
13 sewer services to the project provides written certification to the City that adequate water
service and sewer facilities, respectively, are available to the project at the time of the
application for the building permit, and that water and sewer capacity and facilities will
continue to be available until the time of occupancy.
11. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy #17, the
Ucense Tax on new construction imposed by Carlsbad Municipal Code Section 5.09.030, and
27 CFD #1 special tax (if applicable), subject to any credits authorized by Carlsbad Municipal Code
Section 5.09.040. Developer shall also pay any applicable Local Facilities Management Plan fee
18 for Zone 17, pursuant to Chapter 21.90. All such taxes/fees shall be paid at issuance of building
permit. If the taxes/fees are not paid, this approval will not be consistent with the General Plan
19 and shall become void.
20 12. Prior to the issuance of a grading permit, building permit, or the issuance of the right-of-way
permit for construction of the improvement plans, whichever occurs first, developer shall
21 submit to the City a Notice of Restriction executed by the owner of the real property to be
developed. Said notice is to be filed in the office of the County Recorder, subject to the
22 satisfaction of the City Planner, notifying all interested parties and successors in interest that
the City of Carlsbad has issued a Minor Site Development Permit Amendment and Scenic
Corridor Special Use Permit Amendment by Resolution No. 7050 on the property. Said Notice
of Restriction shall note the property description, location of the file containing complete
project details and all conditions of approval as well as any conditions or restrictions specified
2g for inclusion in the Notice of Restriction. The City Planner has the authority to execute and
record an amendment to the notice which modifies or terminates said notice upon a showing of
25 good cause by the Developer or successor in interest.
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PC RESO NO. 7050 -5-
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13. Staff is authorized and directed to make, or require Developer to make, all corrections and
2 modifications to the Scenic Corridor Special Use Permit Amendment and Minor Site
Development Plan Amendment document(s) necessary to make them internally consistent and
3 in conformity with final action on the project. Development shall occur substantially as shown
in the approved Exhibits. Any proposed development, different from this approval, shall require
4 an amendment to this approval.
5 14. Developer shall submit and obtain City Planner approval of a Final Landscape and Irrigation Plan
showing conformance with the approved Preliminary Landscape Plan and the City's Landscape
^ Manual. Developer shall construct and install all landscaping and irrigation as shown on the
^ approved Final Plans and maintain all landscaping in a healthy and thriving condition, free from
weeds, trash, and debris.
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15. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the landscape
9 plan check process on file in the Planning Division and accompanied by the project's building,
improvement, and grading plans.
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16. Developer shall submit and obtain City Planner approval of an exterior lighting plan including
11 parking areas. All lighting shall be designed to reflect downward and avoid any impacts on
adjacent homes or property.
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17. No outdoor storage of materials shall occur onsite unless required by the Fire Chief. When so
13 required, the Developer shall submit and obtain approval of the Fire Chief and the City Planner
of an Outdoor Storage Plan, and thereafter comply with the approved plan.
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Engineering
NOTE: Unless specifically stated in the condition, all of the following conditions, upon the approval
of this proposed development, must be met prior to approval of the right-of-way permit for
27 construction of the improvement plans.
General
19 18. Prior to hauling dirt or construction materials to or from any proposed construction site within
this project, developer shall apply for and obtain approval from, the city engineer for the
20 proposed haul route.
21 19. Developer shall install sight distance corridors at all street intersections and driveways in
accordance with City Engineering Standards. The property owner shall maintain this condition.
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20. Prior to approval of Improvement Plans, Grading Plans or Final Map, developer shall submit to
23 the city engineer written approval from North County Transit District (NCTD) demonstrating
mass-transit improvement requirements for this project have been satisfied.
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Grading
21. Based upon a review of the proposed grading and the grading quantities shown on the site plan,
26 a minor grading permit for this project is required. Developer shall process grading plans via the
building permit process. Technical studies/reports may be required subject to the city
27 engineer's review. Developer shall pay all applicable grading plan check and permit fees per the
city's latest fee schedule.
PC RESO NO. 7050 -6-28
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22. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
2 implement best management practices at all times. Best management practices include but are
not limited to pollution control practices or devices, erosion control to prevent silt runoff during
3 construction, general housekeeping practices, pollution prevention and educational practices,
maintenance procedures, and other management practices or devices to prevent or reduce the
4 discharge of pollutants to stormwater, receiving water or stormwater conveyance system to
the maximum extent practicable. Developer shall notify prospective owners and tenants of the
above requirements.
23. Developer shall complete and submit to the city engineer a Project Threat Assessment Form
(PTAF) pursuant to City Engineering Standards. Concurrent with the PTAF, developer shall also
submit the appropriate Tier level Storm Water Compliance form and appropriate Tier level
g Storm Water Pollution Prevention Plan (SWPPP) as determined by the completed PTAF all to
the satisfaction of the city engineer. Developer shall pay all applicable SWPPP plan review and
9 inspection fees per the city's latest fee schedule.
10 24. Developer shall incorporate measures with this project to comply with Standard Stormwater
Requirements per the city's Standard Urban Stormwater Management Plan (SUSMP). These
11 measures include, but are not limited to: 1) reducing the use of new impervious surfaces (e.g.:
paving), 2) designing drainage from impervious surfaces to discharge over pervious areas (e.g.:
12 turf, landscape areas), 3) and designing trash enclosures to avoid contact with storm runoff, all
to the satisfaction ofthe city engineer.
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Dedications/Improvements
25. Developer shall cause owner to dedicate to the city and/or other appropriate entities an
easement for public pedestrian purposes over the new sidewalk, pedestrian ramps and path
of travel in between the pedestrian ramps as shown on the site plan. The offer shall be made
by separate recorded document. All land so offered shall be free and clear of all liens and
27 encumbrances and without cost to the city. Streets that are already public are not required to
be rededicated. Additional easements may be required at final design to the satisfaction ofthe
28 city engineer.
29 26. Developer shall prepare and process public improvement plans and, prior to city engineer
approval of said plans, shall execute a city standard Development Improvement Agreement to
20 install and shall post security in accordance with C.M.C. Section 20.16.070 for public
improvements shown on the site plan. Said improvements shall be installed to city standards to
21 the satisfaction of the city engineer. These improvements include, but are not limited to:
22 A. Installing a left turn/u-turn lane within the existing raised median in El Camino Real at
the intersection of Gateway Road and El Camino Real.
23 B. Installing an entrance only driveway approach with pedestrian ramps on the west side
of El Camino Real.
24 C. Realigning the sidewalk within the new public pedestrian easement.
D. Revising pavement graphic, street sign and traffic signal design of the pedestrian
25 crosswalk approved per Planning Commission Resolution No. 7030 to accommodate the
left turn/u-turn lane.
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Developer shall pay the standard improvement plan check and inspection fees. Improvements
27 listed above shall be constructed within 36 months of approval of the subdivision or
development improvement agreement or such other time as provided in said agreement.
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27. Developer shall cause owner to vacate the portion of the relinquished abutters rights of
2 access dedicated per Map No. 13716 (CT 98-07) within the new driveway approach on El
Camino Real. Said vacation shall be processed and approved through the city and recorded
3 by separate document prior to approval of the improvement plans.
4 28. Developer shall design, and obtain approval from the city engineer, the structural section for
the access aisles with a traffic index of 5.0 in accordance with city standards due to truck access
^ through the parking area and/or aisles with an ADT greater than 500. Prior to completion of
grading, the final structural pavement design ofthe aisle ways shall be submitted together with
required R-value soil test information subject to the review and approval ofthe city engineer. 6
^ 29. Subject to the city engineer's approval, the new driveway entrance shall be designed per City
g Standard Drawing No. GS-20 or a similar design that is compliant with the American Disability
Act (ADA). The pedestrian ramps shall be aligned with the path of pedestrian travel.
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30. Pavement markings and/or signage shall be installed to alert drivers not to enter the wrong
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11 Code Reminders
12 31. Approval of this request shall not excuse compliance with all applicable sections of the Zoning
Ordinance and all other applicable City ordinances in effect at time of building permit issuance,
13 except as otherwise specifically provided herein.
1^ 32. The project shall comply with the latest nonresidential disabled access requirements pursuant
to Title 24 ofthe California Building Code.
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33. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal Code
Section 18.04.320.
34. Any signs proposed for this development shall at a minimum be designed in conformance with
18 the City's Sign Ordinance and shall require review and approval of the City Planner prior to
installation of such signs.
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35. This Scenic Corridor Special Use Permit Amendment and Minor Site Development Plan
20 Amendment shall expire two years from the date on which the planning commission voted to
approve this application.
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NOTICE TO APPLICANT
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An appeal of this decision to the City Council must be filed with the City Clerk at 1200 Carlsbad Village
3 Drive, Carlsbad, California, 92008, within ten (10) calendar days of the date of the Planning
Commission's decision. Pursuant to Carlsbad Municipal Code Chapter 21.54, section 21.54.150, the
appeal must be in writing and state the reason(s) for the appeal. The City Council must make a
determination on the appeal prior to any judicial review.
NOTICE
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
reservations, or other exactions hereafter collectively referred to for convenience as "fees/exactions."
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If you
9 protest them, you must follow the protest procedure set forth in Government Code Section 66020(a),
and file the protest and any other required information with the City Manager for processing in
10 accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely follow that procedure will
bar any subsequent legal action to attack, review, set aside, void, or annul their imposition.
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You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions DOES NOT
12 APPLY to water and sewer connection fees and capacity charges, nor planning, zoning, grading, or other
similar application processing or service fees in connection with this project; NOR DOES IT APPLY to any
13 fees/exactions of which you have previously been given a NOTICE similar to this, or as to which the
statute of limitations has previously otherwise expired.
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PASSED, APPROVED, AND ADOPTED at a regular meeting ofthe planning Commission of
the City of Carlsbad, California, held on May 21, 2014 by the following vote, to wit:
AYES: Chairperson Black, Commissioners Anderson, L'Heureux, Scully, Segall,
and Siekmann
NOES:
20 ABSENT:
21 ABSTAIN:
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ATTEST:
23 NEIL BLACK, Chairperson
CARLSBAD PLANNING COMMISSION
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DON NEU
City Planner
PC RESO NO. 7050